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Thursday, January 17, 2008

 
A DEFEAT FOR JUDICIAL REFORM IN NEW YORK

The United States Supreme Court, in a sort of lukewarm endorsement of the lowest common denominator kind of mentality, upheld the legality of New York's judicial selection process. The New York Times noted in A Defeat for Judicial Reform:

Four justices, in concurring opinions, cast doubt on the wisdom of New York’s method of choosing judges. Justices Anthony Kennedy and Stephen Breyer noted that if the rules “do not produce both the perception and the reality of a system committed to the highest ideals of the law, they ought to be changed and to be changed now.” Justices John Paul Stevens and David Souter quoted Thurgood Marshall: “The Constitution does not prohibit legislatures from enacting stupid laws.”

Somehow, we do not think this is what the Founding Fathers had in mind.

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